‘Are laws meant to be kept in bookshelves? ’: Bombay HC pulls up Maharashtra Govt over non-functional advisory board for disabled

A division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Arif S Doctor has been hearing a suo motu Public Interest Litigation (PIL) initiated last year based on an email sent by Karan Sunil Shah, who highlighted that the bollards at the entrance of the footpaths in Mumbai, though installed with the salutary objective of ensuring safety, had rendered them inaccessible for wheelchair users.

“Why do you make such legislation if it cannot be followed? Is this legislation to be kept in bookshelves?” the bench questioned the government on Wednesday.

During the previous hearing, the bench had asked the Maharashtra Government whether an advisory board, contemplated under Section 66 of the 2016 law for policies regarding specially-abled persons, was formed and the steps it had taken so far.

Government Pleader Purnima Kantharia, on instructions from an officer of the state Disability Welfare department, submitted on Wednesday that the Board presently comprises official members, and non-official members have not been appointed or nominated. Kantharia added that two meetings were held between 2018-19 and no meeting could not take place thereafter and sought to take further instructions from officers in the matter.

“Two meetings of the Board were held in 2018-2019 and not even a single meeting held for all these over four years? To activate the statutory board, do you need orders from the court? These enactments are passed by Parliament to be kept on shelves? How can it be like this? There is a statutory board which is not meeting even once? Is there any Member secretary?” the HC asked, noting that the law makes it mandatory to hold at least one meeting of the Board every six months.

The HC sought a response through an affidavit by the principal secretary or secretary of the department concerned within two weeks.

Representing the BMC, Senior Advocate Anil Singh informed the bench that in February, it had assured that the hindrance that bollards cause to wheelchair users on footpaths of the city would be removed within three months. Singh added that as per reports received from the various ward officers, the work is in progress and will be completed at the earliest.

Lawyers representing the Metropolitan Region Development Authority (MMRDA) informed the bench that the existing bollards under its area causing hindrance shall be removed within two months

The Bombay High Court bench will now hear the PILs in July.